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On Friday I made a cash deposit into my checking account. I did not notice until I got home and looked at the receipt that my available funds were not even equal to my deposit. upon noticing this, I looked trough the old mail and found a letter from my bank dated two weeks before.(my wife does not always give me my mail) It said that my account had been garnished for $1770. Included with it was a copy of a judgement by the Bergen County Court. The name on it was not mine, but my sons name. I contacted the levy department at the bank about this, and the agree with me...name different...no SS#..., but said they cannot return the money to my account until the collection agency says okay. Called collection agency, got an answering machine, explained their mistake to them and left my phone number. They did not return the call. called again the next day. They still have not responded. My question is this: without properly identifying the defendant, can they go into court? (I assume, that since they had the wrong person, they DID NOT properly identify the defendant). Also, can a court give them a judgement without properly identifying the defendant? (The names did not match, there was no SS#). After I get my money back, is there any legal action I can take against the collection agency for taking my money. Can they have their licence taken away for this, and, if so, how would I go about this? needless to say, I am quite pissed off at this point in time. I have automatic payments coming out of an account with no money in it.

Asked on 5/26/13, 3:37 pm

1 Answer from Attorneys

I would need further information about this matter in order to properly advise you but did you ever receive notice of the action against you (actually your son) in Bergen County? Please call my office for an appointment. Keith A. Singer, Esq. 732-749-3700